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- Advice of Counsel as a Defense to Bad FaithAdvice of Counsel as a Defense to the Tort of Bad Faith Posted on June 17, 2021 by Barry Zalma A Video About the Waiver of the Privilege See the full video at https://rumble.com/vimfzd-advice-of-counsel-as-a-defense-to-the-tort-of-bad-faith.html and at https://youtu.be/o464pGcwcK4 INTENTIONAL WAIVER Insurers frequently turn to outside counsel, or internal claims adjusters who are licensed...0 Comments 0 Shares 3708 Views
- Coverage Can't Be Created by Waiver or EstoppelOften, Once An Insurance Company Has Denied Coverage To An Insured And Stated Its Defenses, The Company Has Waived Or Is Estopped From Raising New Defenses Read the full article at https://lnkd.in/g7H-Scmy and at https://zalma.com/blog plus more than 4200 posts. After an accident involving plaintiff and non-party Michael Ragland who struck plaintiff while he was traveling through a crosswalk on...0 Comments 0 Shares 2471 Views
- Fortuity is an Affirmative DefenseMagistrate Contends Fortuity Defense can be Waived Read the full article at https://www.linkedin.com/pulse/fortuity-affirmative-defense-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 4250 posts and see the full video at https://rumble.com/v1fms4b-fortuity-is-an-affirmative-defense.html and at https://youtu.be/c2MHgQOwlh8. Homeland Insurance Company of New York...0 Comments 0 Shares 3320 Views
- Giving Up Right of Subrogation Cost Insurer $25 MGiving Up Right of Subrogation Cost Insurer $25 Million Read the full article at https://lnkd.in/g7Sbh7Jp and see the full video at https://lnkd.in/gvzb8SdX and at https://lnkd.in/g6N-AUFH and at https://zalma.com/blog plus more than 4650 posts. Giving Up Right of Subrogation Cost Insurer $25 Million Evanston Insurance appealed from a judgment entered after the trial court granted...0 Comments 0 Shares 1937 Views
- Judgment Creditor May Sue Indigent Defendant's InsurerJudgment Debtor Can Sue Indigent Defendant’s Insurer Read the full article at https://lnkd.in/gyWjUVKg and https://zalma.com/blog plus more than 4200 posts. New Jersey Statute Allows Suit Against Insurer Who Advised its Insured No Coverage Years After Denial Posted on May 23, 2022 by Barry Zalma But, is this a Waste of Time & Money? Steven D’Agostino appealed from trial court...0 Comments 0 Shares 2193 Views
- Mississippi Holds Having Counsel Write Denial Letter Waives the PrivilegeMississippi Concludes That the Attorney Client Privilege Was Waived by Adjuster Using Denial Letter Written by Lawyer Read the full article at https://www.linkedin.com/pulse/small-cases-create-bad-law-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3400 posts. The trial court found that the insurance company waived the attorney-client privilege when it relied on its counsel to...0 Comments 0 Shares 2477 Views
- No Right to Waive SubrogationNo Right to Waive Subrogation Read the full article at https://lnkd.in/g--gzirx and see the full video at https://lnkd.in/gf4_vytx and at https://lnkd.in/gBzSgeJn and at https://zalma.com/blog plus more than 4450 posts. Following a vehicular accident, Martin Peteet entered into a release and settlement agreement with the driver of the other vehicle and her insurer. Peteet did not seek a waiver...0 Comments 0 Shares 2102 Views
- Plaintiff Cannot Create an AmbiguityPlaintiff Cannot Create an Ambiguity Read the full article at https://lnkd.in/ga7XRq7B and see the full video at https://lnkd.in/gd7NRCiU and at https://lnkd.in/g_G7QwwB and at https://zalma.com/blog plus more than 4400 posts. No Breach of Contract No Bad Faith Failure to Read Policy Fatal to Insured’s Claim In Michel Ngakoue v. Safeco Insurance Company Of Indiana, No. 1:22-CV-00363-LY,...0 Comments 0 Shares 2202 Views
- Sovereign ImmunityRead the full article at https://lnkd.in/gi8PBRP8 and see the full video at https://lnkd.in/gHN2V7ts and at https://lnkd.in/gCCqU6UV and at https://zalma.com/blog plus more than 4550 posts. Waiver of Sovereign Immunity Does Not Apply to Federal Statutory Claims The doctrine of sovereign immunity is an “ancient” concept. It is the...0 Comments 0 Shares 2734 Views
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